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(영문) 서울서부지방법원 2014.07.09 2011가단10290
유류분반환
Text

1. The defendant shall pay to the plaintiffs share 20,925,717/481,291,50 of each of the real estate listed in the separate sheet Nos. 1 and 2.

Reasons

1. Basic facts

A. The deceased J (hereinafter “the deceased”) married with L on January 31, 1945 and married with L on April 24, 1995. Among them, there was Plaintiff A, Plaintiff C, Plaintiff D, and Plaintiff F as his child. On January 17, 1996, the deceased married with the Defendant on January 17, 1996 and was M, N as his child. Meanwhile, Plaintiff E, Plaintiff G, and Plaintiff H as his child.

B. The real estate owned by the deceased at the time of his death, the real estate subject to the ownership transfer registration due to the deceased’s donation to the Defendant, the particulars of each change in rights for the real estate whose ownership transfer registration was made in the Defendant’s future, and the market price of each real estate based on the time of the deceased’s death is as indicated in

(F) Each of the above real estate shall be referred to as "each of the above real estate", and the individual real estate shall be referred to as "the real estate of this case" in the table below as stated below. 【The ground for recognition' is without dispute; Gap evidence 1-2; Gap evidence 1-2; Gap evidence 2-3; Gap evidence 4-1-3; the overall purport of the pleading; the overall purport of the pleading; the result of the market price appraisal entrusted to appraiser P;

2. The plaintiffs' assertion Nos. 1 and 2 made a donation to the defendant by the deceased. The real estate of this case Nos. 3, 4, and 5 was actually acquired by the deceased with the funds of the deceased, and was donated to the defendant by the deceased. Meanwhile, the deceased's cash donation 200,000 won to the defendant. On the other hand, if the deceased's special profits from each donation to the defendant are included in the basic property for calculating the legal reserve of inheritance, there is a shortage in the legal reserve of inheritance. Thus, the plaintiffs who are entitled to legal reserve of inheritance are primarily claims for the return of legal reserve of inheritance, and the claim for return of the original property and the claim for return of cash 20,000,000 won are equivalent to each of the 1/23 shares of each of the real property of this case.

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